It’s been widely linked, but this is a must-read story: The debate over how terrorism suspects should be held and questioned began shortly after the Sept. 11, 2001, attacks, when the Bush administration adopted secret detention and coercive interrogation, both practices the United States had previously denounced when used by other countries. It adopted the […]
Category: the arbitrary executive
The Habeas Restoration bill failed 56-43; Christy has the tally. Unless I missed one, no Democrat voted “naye,” including Nelson, Landrieu, and Conrad. The ever-more-disgraceful Joe Lieber
Ben Wittes points out, correctly, that although Jack Goldsmith has been critical of some aspects of the Bush administration he remains a statist conservative. (“Jack Goldsmith is no human-rights
I’m frankly not sure even what to say to Josh Patashnik’s response to my post from earlier today. Essentially, he concedes the merits of the arguments Matt and I made but argues that “it would be comforting to at least see a bit more hand-wringing and equivocation from Yglesias and Lemieux before condemning Wittes’s piece” […]
A great article by Erwin Chemerinsky about the latest appalling cutback on habeas corpus rights. The odious Anti-terrorism and Effective Death Penalty Act gave a one-year time limit to file a habeas p
I’m not sure why Gary is so worried that a broad array of federal and local officials will have access to satellite survey data with virtually no safeguards in place. After all, if the blogosphe
Hey, Robert Mugabe likes the American move towards arbitrary executive power just fine!
Benjamin Wittes urges Alberto Gonzales to resign “to make possible a serious discussion of the future of FISA.” I think — at least in a fantasy world in which Congressional Democrats
He’s back, with another crackpot theory justifying arbitrary executive power in defiance of the plain language of several constitutional provisions as well as the structure and underlying theore
Washington Post: The White House has refused to give Congress documents about the death of former NFL player Pat Tillman, with White House counsel Fred F. Fielding saying that certain papers relating to discussion of the friendly-fire shooting “implicate Executive Branch confidentiality interests.” No Shame. These people do not operate by any understandable moral or […]
Marty Lederman has a useful, bookmarkable list of every Balkinization post about the title subjects. Seeing them all in one place reminds me that I while I can take even the most essential blogs for g
6 CA upholds the warrantless wiretapping program 2-1…on standing grounds. Great; the prefect ruling for the age of Yoo. The secrecy of the arbitrary executive insulates even the illegal actions